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SADDAM HUSSAIN vs VICE-CHANCELLOR UNIVERSITY OF MALAKAND S — 2025 PLC(CS) 1566 PESHAWAR-HIGH-COURT

Case information

Citation
2025 PLC(CS) 1566 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2025
Reporter
PLC
Parties
SADDAM HUSSAIN vs VICE-CHANCELLOR UNIVERSITY OF MALAKAND S
Subject matter
Criminal
Provisions referred to
S. 6---C; S. 6; Workplace Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SADDAM HUSSAIN VS VICE-CHANCELLOR UNIVERSITY OF MALAKAND S. 6---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Doctrine of "statutory remedies"---Complaint of harassment---Petitioner was aggrieved of penalty of warning imposed on him as result of complaint of harassment filed on Pakistan Citizen Portal---Validity---Principle of statutory remedies, recognized both in domestic precedent and comparative jurisdictions, demands that an aggrieved party first pursue the remedy expressly provided by the Legislature---This doctrine of statutory remedies advances the objectives of administrative expertise, procedural economy and comity between judicial and quasi-judicial bodies---Petitioner could not seek relief under Art. 199 of the Constitution as he did not either invoke the appellate forum under S. 6 of Protection Against Harassment of Women at the Workplace Act, 2010 nor had demonstrated any exceptional circumstances warranting bypassing of that forum---There was no allegation that the Inquiry Committee concerned exceeded its jurisdiction, acted with mala fide or had violated any fundamental rule of fair inquiry---Issuance of "warning" fell squarely within the Committee's remedial powers under the Protection Against Harassment of Women at the Workplace Act, 2010 and carried no stigma amounting to Constitutional rights to entertain Constitutional petition which was intended to provide a graduated internal mechanism for addressing harassment complaints---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2025 PLC

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